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VETOES
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H.B. 1043
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[(2) If the actual documented expenses incurred by the seller for the
fitting, delivery, and return of the hearing aid to the manufacturer are in excess of 10
percent of the purchase price, the seller may retain an amount equal to these
expenses only if:
(i) The amount is conspicuously identified as "nonrefundable" on
the contract or bill of sale for the hearing aid; and
(ii) The total amount retained does not exceed 20 percent of the
purchase price of the hearing aid.]
(2) THE FOLLOWING CHARGES MAY BE DEDUCTED IN THEIR ENTIRETY
FROM A REFUND TO A PURCHASE UNDER THIS SUBSECTION, IF THE CHARGES ARE
CONSPICUOUSLY IDENTIFIED AS NONREFUNDABLE ON THE CONTRACT OR BILL OF
SALE FOR THE HEARING AID;
(I) PROFESSIONAL AND DIAGNOSTIC FEES; AND
(II) THE COST OF ACCESSORIES AND CUSTOM MADE ITEMS.
(3) The seller shall deliver the refund to the purchaser if:
(i) The purchase is made at a place other than the place of business
of the seller, within 30 days after the receipt of the notice of cancellation; and
(ii) The purchase agreement is made at the place of business of the
seller, within 30 days after the return of the hearing aid.
(4) If a hearing aid is sold in a hospital or related institution, the seller
must initiate a refund request with the accounting department of the selling hospital
or related institution within 10 days after receiving the notice of cancellation from the
purchaser.
(e) After cancellation of the purchase, if the hearing aid has been delivered to
the purchaser, the purchaser must make the hearing aid available to the seller in
substantially as good condition as when received.
(d) The right of cancellation may not be waived or otherwise surrendered.
(e) (1) The contract or bill of sale for the purchase of a hearing aid shall
contain the following statement:
"You may cancel this purchase for any reason, at any time within 30 days after
the date of delivery of the hearing aid. To cover the costs of dispensing the hearing
aid, the seller may withhold from the refund [10 percent of the purchase price or the
seller's actual costs up to 20 percent of the purchase price] THE AMOUNT OF ALL
PROFESSIONAL AND DIAGNOSTIC FEES AND THE COST OF ACCESSORIES AND
CUSTOM MADE ITEMS."
(2) The statement required under this subsection shall:
(i) Be in bold and conspicuous type of at least 10 point type; and
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